Facts
The deceased, Frieda Götz, drew up a holographic will on 15 October 1963, in which she bequeathed sums of money to various people, including Marie Gubler-Keller and her children. The deceased's legal heirs, Johann and Ernst Kienast and Seline Gysel-Kienast, contested the validity of the will, alleging that the deceased had not drawn up the will with her own hand and that the will was therefore null.
The deceased had mental health problems and had been placed under guardianship in 1935. She had been living with the Gubler family since 1955 and was receiving financial assistance for her accommodation and care. The will was drawn up with the help of Ida Hanhart-Hübscher, who dictated the text to the deceased.
The legal heirs brought an action before the court to contest the validity of the will, alleging that the deceased had not drawn up the will with her own hand and that the will was therefore null. The court of first instance dismissed their application, but the court of appeal overturned this decision and declared the will valid.
Considerations
1. Introduction
This judgment concerns the validity of a holographic will drawn up with the physical assistance of a third party. The deceased, Frieda Götz, drew up a holographic will on 15 October 1963, in which she bequeathed sums of money to various people, including Marie Gubler-Keller and her children.
2. The validity of the will
The validity of the will is contested by the deceased's legal heirs, who allege that the deceased did not draw up the will with her own hand. However, the court found that the deceased had drawn up the will with the help of Ida Hanhart-Hübscher, who had dictated the text to the deceased.
3. Physical assistance
The court examined the question of whether the physical assistance provided to the deceased to draw up the will was authorized. According to Article 505 of the…